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()5th 
2d 



Congress, 

Session. 



HOUSE OF REPRESENTATIVES. 



Report 
No, 430. 



RESTORATION AND RESERVATION OF CERTAIN PUBLIC 

LANDS. 



March 30, 1918. — Committed to the Committee of the Whole House on the 
state of the Union and ordered to be printed. 



Mr. Raker, from the Committee on the Public Lands, submitted the 

following 



KEPOKt, 

[To accompany H. li. 1061 2.1 

The Committee on the Public Lands has had under consideration 
bill H. R. 10612, a bill to restore to the public domain certain land's 
heretofore reserved for a bird reservation in Siskiyou and Modoc 
Counties, Cal., and Klamath Comity, Oreg., and for other purposes. 

Having had the same under consideration and after full hearing 
jvnd due consideration thereof, the committee reports that the bill be 
amended, and as amended that the bill do pass. The committee 
recommends the following amendment, namely : 

1. On pages 4 and 5. strike out all of section 5 and substitute a new 
section therefor, to read as follows : 

That tlie members of the Siskiyon Homesteaders Association (lualified to 
malce homestead entry wlio liave obli.uated tliemsclvcs to repay to the United 
States tlieir pi'oportionate part of tlie mt)neys heretofore expended fi'om the 
reclamation fund ujion or for tliese lands, as described in section '1 of this 
act, as a part of the sum of .$'J83.22r>. heretofore expentleil from the reclama- 
tion fund in connection with the Ivlamath project in Oreiron and California, 
and who have been instrumental in sccui-in;; the releas(> of riparian ri.u'lits and 
who have made application to tile ui»on the lands involved in jiood faith, shall 
have a preference and i)rior rijiht to filt" ui)on such lands as may be di.scloscd 
by the respective applications mider the liomestead laws and the jirovisions of 
this act within the iteriod of sixty days followiui;' the time swh lands may bo 
opened to entry. 

The bill as finally passed upon aiul unanimouslv api)ro\ed by the 
committee is as follows : 

A BILL To restore to the public domain ctTtaiu lauds heretofore reserved for a bird 
reservation in Sislsiyou and jNIodoc Counties, California, and Klamath County, Oregon, 
and for other purposes. 

lie it nwcivd by the Senate and JfnuHe of Re presenta tires of the United 
Stateft of America in Confirexn asseniliied. That the Secretary (»f the Interior 
be, and lie hereby is. autiiori/.ed and directed to determine and make public 



■ 6/6 

2 RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 

amiouiiceiiK'iit of wluit laiids. in and around Little or Lower Klauiatli Lake, 
in Siskiyou County. California, ;iiul iu Klamath County, Oreson. ceded to the 
United States by the State of California by the act entitled "An act authorizing 
the I'nited States (Jovernnient to lower the water levels of any or all of the 
following lakes: Lctwei- or Little Klamath Lake, Tule or Uhett Lake, (loo.se 
Lake, and Clear Lake, situated in .Siskiyou and Modoc Counties, and to use 
any part or all of the beds of said lakes for the slorajie of water in connection 
with the irrifcalion and reclamation operations conducted by the Kerlamation 
Service of the I'nited States: also ceding to the United States all risrht, title, 
interest, or claim of the State of California to any lands uncovered by the 
lowerin^I of the water levels of any or all of said lakes not already disposed 
of l)y the State," and ceded to the United States by the State of Oreiron by an 
act entitled "An act to authorize the utilization of Upper Klamath Lake. Lower 
or Little Klamath Lake, and Tule or Khett Lake, situate in Klamath Comity, 
Orepin. and (Joose Lake, situate in Lake County. Oi-e^on, in connection with 
the irri,inati(»n and reclamation operations of the Kerlamation Service in the 
United States, and to cede to the United States all the ri,t,Mit. title, interest, 
and claim of tiie Stale of Ore^^on to any and all lands recovered by the lower- 
ing of the water levels or by the drainajre of any or all of said lakes." will 
eventually be imcovered and opened to afxricidtural development by the lower- 
ing of the water level of said lake. Title to all said lands can be accpured by 
liomestead entry under the general homestead laws and the provisions of this 
act and not otherwise: I'roridrd, That all said lands shall forever be and re- 
main subject to the right of the Uinted States (a) to overflow the same or 
any part thereof for the i)urposes of irrigation by such systems of reservoirs 
and drainage and diking as now actually exist or may be hereafter constructed 
in Siskiyou County. California, aiul Klamath County. Oregon, and (b) to drain 
the water therefrom. AH patents is.sued for the said lands shall expressly 
reserve to the United States such right of overllow and drainage. 

Sp:c. '2. That the Secretary of the Interior shall also determine and make public 
announcement of tlie proportionate part of the sum of .$283 225, heretofore 
expended from the reclamation fund in connection with the Klamath project, 
Oregon-California, that in the opinion of the Secretary of the Interior each 
acre of the said land should be assessed, and Ihe proportionate )»art that 
each acre of privately owned land, similarly situated to the said lands hereby 
affected, should be assessed, to return to said reclamation fund in all the 
said sum of Ji;2S3.22r». 

Si:c. 3. That the Secretary of the Interior be, and he is herel)y, authorized 
and directed to cau.se said lands to be surveyed and opened to entry muler 
the general homestead laws and the provisions of this act: Provided, That 
none of said lands shall be opened to entry until the Secretary of the Interior 
shall have first made arrangement with the owners of lands in private owner- 
ship, similarly situated to the lands hereby affected, for the payment into 
the reclamation fund of the proportionate part of said sum of $283,22."). deter- 
mined and apiiortioned by the Secretary of (he Interior against said privately 
owned lands as provided in section two. 

Sec. 4. That in addition to all payments reipiii-ed by the general homestead 
laws there shall be paid by homestead entry men the amount per acre assessed 
as provided in section two of this act. Said payments shall be made in iMinual 
installments of $1 per ticre. except (he last installment, which may be a 
fraction of a dollar: Provided, That the whole or any part of the amount so 
assessed may be paid by the eiitryman in a shorter pei-iod if he so elects. The 
first installinent shall i)e paid at the t-ime homestead application is tiled and 
subsequent installments shall be due and payable on December first of each 
calendar year thereafter until the entire sum .so assessed and apportioned 
against the lands is paid, and patent shall not issue for any of saiil lands 
initil the sum so apiiroi)riated against said lands shall have been fully paid. 
Failure to pay any installment when due shall render the entry subject to 
<-ancellation. with "a forfeiture of all moneys paid. All installments shall 
draw interest at the rate of eight per ceiUum i)er annum from rheir due date 
until paid. All moneys paid on account of such assessments shall, without 
dinunution of any kind whatsoever, be covered into the reclamation fund. 

Skc. r>. That the members of the Siskiyou Homesteailers' Association, qualified 
to make homestead entry, who have obligateil themselves to repay to the ITnited 
States their projiortionate part of the moneys heretofore expended from the 
reclamation fund upon or for these lands, as described in section two of this 
act, as a part of the sum of .$283,225 heretofore expended from the reclanuition 

D. of D. 
APR 23 1918 



RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 3 

fund in comiection with the Klaiiiatli project in Oregon and California, and 
wlio have been instrumental in securing; the release of riparian rights, and who 
have made application to file ui»on the lands involved in fiood faitli. shall have 
a preference and prior rii;ht to file ui)on such lands as may l)e discloswl hy the 
respective applications under the homestead laws and the provisions of this act 
within the period of sixty days following' the time such lands may be opened to 
entry. 

Sec. G. That no rights to make entry sliall attach by reason of settlement or 
squatting upon any of the lands hereby restored before the hour on wiiich such 
lands shall he subject to homestead entry at the land otlice, and until said 
lands are opened foi- settlement and entry as herein iirovided no person shall 
enter upon and occupy the same, and any person violating this provision shall 
never be permitted to enter any of said lands. 

.Sec. 7. That the .Secretary of the Interior shall determine which of the hinds 
now within the boundaries of the Klamath Lake Bird Reserve are chiefly valu- 
able for agricultural purposes and which for the ])urpose of said reservation, 
and shall open to homestead entry those lands which are chiefly valuable for 
agricultural purposes: Prori(Jc(J, That the shore line of the lake, including the 
smallest legal subdivision of land adjoining the flow line, shall remain in the 
possession of the United States, but access may be provided to the lake for such 
canals as may be necessary for irrigation, drainage, and domestic water sunply. 

Sec. S. That the Secretary of the Interior is hereby authorized to perform 
any and all acts and to make such rules and regulations as may be necessary 
and proper for the purpose of carrying the provisions of this act into full force 
and effect. 

Bill H. R. 10612 was siil>stitiited for the bill H. R. 226. Sixty-fifth 
Cono;ress, first session. Full hearings were had by the Committee 
on Public Lands on the bill H. R. 10612. The only difference be- 
tween bill H. R. 226 and bill H. R. 10612 is the' amendment of 
section 5. 

Bill H. R. 10612 Avas referred to the Department of the Interior, 
and on March 14, 1918, Hon. Franklin K. Lane, Secretary of the In- 
terior, made report thereon, which report is as follows: 

Department of the Interior, 

Washington, March 14, 1918. 
Hon. .Scott Ferris. 

Chairman Committee on the Public Lan^tn, 

HouKc of Representatives. 

My Dear IMr. Ferrks : I have your letter of March 11 transmitting copy of 
H. R. 10612, with request for report. 

This bill is substantially the same tis H. R. 220, introduced at the last session 
and favorably reported on. I note, however, that it carries a new provision 
in section 5, as follows: 

"That members of the Siskiyou Homesteaders' Association, qualified to make 
homestead entry, who have obligated themselves to repay to the United States 
a i)roportionate part of the moneys heretofore expended from the reclamation 
fund upon or for these lands, as described in section 2 of this act. have secured 
the release of riparian rights, constructed roads, and performed other acts 
tending to the development and improvement of these lands, shall have a pref- 
erence and iirior right to enter and tile up(»n said lands under the hoineste:id 
laws and the provisions of this act for the period of GO days following the 
time said lands are (tpened to entry." 

To make this section more definite I suggest that the language be slightly 
amended, to read as ft)llows : 

" That the members of the Siskiyou Homesteaders' Association, qualified to 
make homestead entry, who have obligated themselves to repay to the United 
States their proportionate part of the moneys heretofore expended from the 
reclamation fund upon or for these lands, as deseribed in .section 2 of this act, 
as a part of the sum of $2S.3.22rt heretofore expended from the reclamation fund 
in connection with the Klamath [)i-oject in Oregon and California, and who have 
been instrumental in securing th(> release of riparian rights and who have made 
application to file upon the lands involved in good faith, shall have a prefer- 
ence and prior right to file upon such lands as may be disclosed by the respec- 



4 RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 

five aiiplications under the hoiuestoad laws and the i)rovisi<)iis of this act 
within the period of 00 days followiui: tlie time such lands may be open to 
entry." 

Thus amended I favor the enactment of the bill. 



Cordially, yours, 



FuAXKi.iN K. Lank, Secretary. 



Departmknt of the Interior, 

Washington, March 1.',, IdlS. 
Hon. John K. Kaker. 

Committee on the Public Lands, House of Representatives. 

My Dear Mr. Kaker : I am in receipt of your letter of March 9, 1918, in re 
H. K. 10G12. a bill to restore to the public domain certain lands heretofore re- 
served for a bird reservation in Siskiyou and IModoc Counties, Cal., and 
Klamath County, Orejr., and for other purposes. 

You mention a new section substituted for section 5, to carry out the views 
entertained at the recent conference, as follows: 

" That members of the Siskiyou Homesteaders Association, qualified to make 
homestead entry, who have obligated themselves to repay to the United States a 
proportionate part of the moneys heretofore expended from the reclannition 
fund upon or for these lands, as described in section 2 of this act, have se- 
cured the release of riparian rights, constructed roads, and performed other 
acts tending to the development and improvement of these lands, shall have a 
preference and prior right to enter and tile upon said lands under the home- 
stead laws and the provisions of this act for the period of sixty days fol- 
lowing the time said lands are opened to entry." 

To make this section more definite I suggest that the language be slightly 
amended to read as follows : 

" That the members of the Siskiyou Homesteaders Association qualified to 
make homestead entry who have obligated theinselves to repay to the United 
States their proportionate part of the moneys heretofore expended from the rec- 
lamation fund or for tliese lands, as descril)ed in section two of this act. as a part 
of the sum of $288,225 heretofore expended from the reclamation fund in con- 
nection with the Klamath project in Oregon and in California, and who have 
been instrumental in securing the release of riprarian rights and who have made 
application to file upon the lands involved in good faith, shall have a pref- 
erence and in-ior right to file upon such lands as may be disclosed by the re- 
spective applications under the homestead laws and the provisions of this act 
within the period of sixty days following the time such lauds may be open to 
entry." 

Thus amended, I favor the enactment of the bill, 
('ordially, yours, 

Franklin K. Lane. Secretary. 

The report of May 7, 1917, concerning the same matter, referred 
to by the Secretary of the Interior in his report to the committee 
under date of March 14, 1918, is report upon H. R. 220 and is as 

follows : 

Pepartsient of the Interior. 

\V(ishin(/fon, May 7, 1911'. 

My Dear Mr. Ferris: I am in receipt of your retpiest for repcjrt upon H. R. 
226, a bill to restore to the public domain certain lands heretofore reserved 
for a bird reservation in Siskiyou and Modoc Counties, Cal.. and Klamath 
Comity, Oreg., and for other purposes. 

The 1)111 deals primarily with lands ceded to the United States by the States 
of California and (Oregon in connection with irrigation and reclamation opera- 
lions of tlie Federal Government in that vicinity. The acts of cession, among 
other things, jirovide : 

"* * * And the lands hereby ceded >nay be disposed of by the United 
States free of any claim on the part of this State in any inamier that may be 
(leemed advisable by its authorized agencies in pnrsui\nce of the i>rovisions of 
said reclaniatioii act." 

This bill provides that the Secretary of the Interior shall determine and 
make public announcement of the lands in and around Little or Lower Klamath 



EESTOEATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 5 

Lake certed to the United States hy the Stntes of California and Orejion, which 
will eventually he inicovered and opened to as^riciiltnrnl development l)y lower- 
ing of the water level of said lake, and provides that the lands shall he opened 
to homestead entry under the general provisions of the homestead laws and 
of the bill. 

Further provision is made that the Secretary shall assess the proportionate 
amount of the $283,22;" heretofore expended from the reclamation fimd in con- 
nection with the Klamath jiroject ; that in his opinion each acre of privately 
owned lands similarly situated should be assessed to rt turn to the reclamation 
fund the said sum, and that this assessment in the case of public lands should 
be paid in annual installments of .$1 per acre l\v the entryman. 

Section 2 provides that the Secretary of the Interior shall determine which 
of the lands now within the boundaries of the bird reservation are chieiiy val- 
uable for agricultiiral purposes and wliich for the purposes of the reservation, 
and shall open for entry tliose lands chielly valuable for agricultural purposes. 

The ju'ovision of section 4 of the bill, requiring the amount assessed against 
these lands to retiu'n to .the reclamation fund the .S283,225 in annual install- 
ments of .$1 per acre, in my opinion, places an unnecessarily heavy annual 
burden upon the entrymen and 1 recoinm<^nd that this annual installment be 
made 50 cents. I also reconunend that section f), which proposes to gi-ant a 
preference right of entry to tliose persons who have made applications to enter 
any of said lands prior to l\Iarch 1, 1917, be omitted ii-om the bill. 

it has been the uniform ruling of the Land Department that no rights can 
be acquired by an application to enter lands included within an existing res- 
ervation or entry, and the Supreme Court of the United States in the case 
of Holt V. IMurphy (207 U. S., 407), recognized the soundness of this rule. 

The presentatif)n of an application to enter lands leserved by the United 
States for a pulilic puri)ose creates no equity, and to award a preference right 
to such applicants would, in my opinion, be unwise. The theory of the public- 
land laws, and particularly of the homestead laws, is equal opportunity to all 
qualified citizens, and this fair and proper rule should, in my opinion, not be 
departed from in the present instance. 

With the changes suggested the bill has my approval, and pai'ticidarly so in 
view of the fact that it was the evident intent of the States, as shown by the 
language of the acts of cession, that the lands when uncovered and available 
for agricultural uses should be disposed of by the United States for that pur- 
pose and the establishment of homes. 
Cordially, yours. 

Franklin K. Lane, Secretary. 

Hon. Scott Ferris, 

House of Representatives, Washington, D. C. 

Bill H. E. 226 (for which 10612 has been substitiitod) was also 
referred to Hon. David F. Houston, Secretary of Aijricultnre, whose 
report thereon is as follows : 

DEPAUTMEXT of AORIClTLTrUE, 

Waslriiinfoii. D. C, April 1.1, 1917. 

Hon. Scott Ferris, 

Chairman Committee on the I'lihlie Lands, 

House of Representatives. 

Dear ]\Ir. Ferris: Keceipt is acknowledged of your letter of April 4 re(juesting 
a report on H. R. 220, a copy of which accompanied your letter. 

This bill provides, first, that the Secretary of the Interior be authorized and 
directed to determine and make public announcement of what lands in and 
around Little or Lower Khimatli Lake, in Siskiyou County, Cal., and Klamath 
County, Oreg., \^ill eventually be uncovered and opened to agricultural develop- 
ment iiy the lowering of the water level of said lake: second, that title to all 
said lands can be acquired by homestead entry under tlie general liomesiead 
laws and the i)rovisions of this act: tiiird, tliat the Secretary of the Interior be 
authorized and directed to survey the said lands and open them to entry under 
the general homestead laws and the la-ovisioiis of this act: fourth, that persons 
who, prior to March 1. 1917, had applied to make homestead entry for any of 
the said lands should have a preference and prior right of entry ; fifth, that no 
rights to make homestead entry shall attach by reason of settlement or squat- 
ting upon any of the .said lands before the hour on which they shall be sul).1ect 



6 RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 

to lioniostoad entry at tlic land odicc. ami tliat such setthniioiit or squattinic 
shall optM-ato to jirevent such settlor or siiuatter from enter In.u any of said 
lands; sixth, that the Secretary i)f the Interior shall determine which of the 
lands now within Die boundaries of the Klamatii Lake Uird Reserve are cliielly 
valuable for a.uricultura! i)urposes and wiiich for the purposes of said res- 
ervation, and shall open to homestead entry these lands which are chiefly 
valuable for uirricultural pur]ioses. provided that the shore line of the lake, 
includin,!? the smallest lej^al sulxlivision of land adjoining the flow line, shall 
remain in the possession of the L'nited States, l)ut access may he provided to 
the lake for such canals as may be necessary for irrigation, drainage, and 
domestic water supply ; and. seventh, that the Secretary of the Interior be 
authorized to take such action and make such rules and regulations as may he 
necessary to can-y the act into full force and effect. 

The Klamath Lake Keservation is one of the most important bird reserva- 
tions in the United States. It furnishes safe meeting grounds for many 
thousands of ducks and geese aud other species of birds which are of uuich 
economic value to the States of California and Oregon, as well as to other i)arts 
of the country. It also affords a conveiuent and safe resting grounds for large 
numbers of migratory wild fowl. The department would be opposed to any 
legislation which might result in the elimination of any lands from the reserva- 
tion unless it could be shown, upon investigation, that the lands to be elinunated 
were not needed for the protection of the birds and were valuable for agricid- 
tural purposes. Section 7 of the bill provides that the Secretary of the Interior 
shall determine which lands are chiefly valuable lor agriculture and which are 
chielly valuable for the purposes of the reservation, and that he shall open to 
homestead entry only those lands which are chiefly valuable for agricultural 
purposes. The same section also provides that the shore line of the lake, 
including the smallest legal subdivisions of land adjoining the flow line, shall 
remain in the possession of the United States. With these provisions in the bill 
the interests of the birds would seem to be safeguarded, and in consequence the 
department will interpose no objection to its passage. 
Very truly, yours, 

D. F. H'nTSTox, Sccrctari/. 

The Secretary of Agriculture also made report on H. R. 10812, 
which report is as follows: 

Dki'autment of Agricultuke, 

Wdxhiiinton, March 13, 1918. 
Hon. Scott Fkkkis. 

House Committee o» I'liblie Liiiidx. Wnxlihttiton, /). V. 
Mv Dkar INIk. Fekkts: I have your letter of March 11, requesting a report, 
suggestions, and recommendations on H. K. KKJTJ, introduced by .Tudge Kaker. 
H. il. 10012 is the same as the former bill (H. R. 220) with the exception of 
the amendment of section ii. This amendment does not appear to atfect in 
any way adversely the interests of this department in the Klamath Lake 
Bird Reserve. The statements made in the department's letter of April 12. 
1917. regarding H. R. 220, are. therefore. ai)plicahle to the present bill. 
Very truly, yours. 

Clarence Ousley, 

Act in (I Secretary. 



I>i:i'autmi;nt of Agkiculture, 

WasJii)if/ton. March 12, 1918. 
Hon. John E. Rakek, 

House of ReprcsentativeH. 
My I>eai{ .It'dgk Rakeu : I have your letter of March 9. concerning the 
amended section 5 of H. R. 226. This aniemlment, as it is printed in the new 
bill (II. R. 10012), does not ajipear to affect in any way the inteivsts of this 
deitartnient in the Klamath Lake Bird Reserve. In the circumstances, the 
statenieiUs made in the department's letter of April 12. 1917. are apiilicable to 
the revised bill. 

Very truly, yours, 

Clarence Ousley, 

Acting Secretary. 



EESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 7 

While the sundi-y civil bill was under oonsiderntion. in Febriuiry, 
1917, before the Senate conniiittee. it was considered that the pro- 
visions of H. R. '2'2(\ niifjht be included as an amendment to the 
sundry civil bill, and Secretary Lane recommended the adoption of 
the legislation under his letter of February 28. 1917. to Hon. Thomas 
S. Martin, chairman Senate Connnittee on Appropriations, which 
letter, together Avith the proposed draft (the provisions of which are 
the same as H. 11. 22f)). is as follows: 

Dki'aht.mk.nt ok rnK Ixtekiou. 

WdxIihKjtitn, FchriKirn 28, Hill. 

Hon. Thomas S. Maktix, 

CJiaiiiiun) S( ikiIc ('(iiiniiittii- an Aiiiirouridfioti-s. 

United States tieiiate. 
My Dear Senator: In the pendiuK bill for sundry civil expenses, under the 
Khiniath project of the United States Reclamation Service, certain lands now 
havinti the chiirncter of marshes were ceded hy the Slates of Oreiroii and Cali- 
fornia to the United States for the purpose of reclamation by the Reclamation 
Service. 

Some additional authority is needed to remove doubts about the matter of 
return of the funds expended for this purpose, and I have the honor to trans- 
mit herewith provisions which should be inserted in the pendiuLC bill for this 
purpose, under the head of " Reclamation Service, Klamath project." 
It is resi)ectfully reconnnended that the insertion be therein made. 
Cordially, yours, 

Franklin K. Lane, Seeretary. 



DRAFT OE nil. I.. 

A BILL To restore to the pul)lic d'imain certain lands heretofore reserved for 
a bird reservation in Siskiyou and Modoc Counlies, Califoinia. and Klamath 
County, Orejion. and for other purposes. 

Be it enacted hy tlie Senate and House of Reiirexentatire.s of the United 
States of Amcriea in Conyress assenil)Ied, That the Secretary of the Interior 
be, and he hereby is, authorized and directed to determine and make public 
announcement of what lands, in and around Little or Lower Klamath Lake, in 
Siskiyou County, California, and in Klamath County, Oreiion, ceded to the 
United States by the State of California liy the act (>ntitled "An Act authoriz- 
ins the United States (government t(» lower the water levels of any or all 
of the followinii lakes: Lower or Little Klamath Lake. Tule or Rhett Lake, 
Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to 
use any part or all of the beds of said lakes for the storage of water in con- 
nection with the irripition and reclamation operations conducted by the Recla- 
mation Service of the United States; also cedinji to the United States all riirht, 
title, interest, or claim of the State of California to any lands imcovered by 
the lowerinjj: of the water levels of any or all of saiil lakes not already dis- 
po.sed of by the State," and ceded to the United States by the State of Orepm 
by an act entitled "An act to authoi-ize the utilization of Upiier Klamath Lake, 
Lower or I>ittle Klamath Lake, and Tule or Rliett Lake, situate in Klamath 
County. Oreson. and (ioose Lake, situate in Lake County. Ort'.udii. in connection 
with the irrigation and reclamation o])erations of the Reclamatit>n Service of 
the United States, and to cede to the Uinted States all the rlj^ht. title, interest, 
and claim of the State of Oreuoii to any and all lands recovered by the lowering 
of the water levels or by the drainajie of any or all of said lakes." will eventu- 
ally be uncovered and opened to airricultural develoimient by the loweriiiL' of 
the water level of said lake. Title to all said lands can be ac(|uired by home- 
stead entry under the j,'eneral homestead laws and the jirovisions of this act 
and not otherwise: J'roridetl. That all said lands shall forexcr be and remain 
subject to the right of the Ignited States (a) to overllow the same or any part 
thereof for the i)uri>o.ses of irrisation by such systems of r»>servoirs and drain 



8 rtESTORATION AND RESERVATIOX OF CERTAIN PUBLIC LANDS. 

age ami dykirifr as now actually exists or may be liereafter coiistnicted in 
Siskiyou County. California, and Klamath County, Oresron, and (b) to drain 
the water therefrom. All patents issued for the said lands shall exjiressly 
reserve to the United States such rijrht of overflow and drainage. 

SiX'. L'. The SecretJiry of the Interior siiall also determine and make public 
;ini>.'>nnc(>n:eiit of the jiroixirtionate i)art of the sum of .$2S8,'22."), heretofore 
expended fi'oni the leclamation fund in connection with llie KlaniJitli i)roject, 
Oreiron-California, that in the opinion of the Secretary of the Interior each 
acre of the sai«l land should be assessed, and the proiuuMionate part that each 
acre of privately ov.iied land similarly situated to the said Kinds iu'reby affected, 
shouhl be assessed, to return to said i-eclamation fund in all the said sum of 

Sfc. 3. That the Secretary of tlie Interior be. .-ind he is hereby, autliorized 
and directed to cause said lamls to be surveyed an<l opened to entry mider 
the general homestead laws and the i)rovisions of this act: I'rorulcd. That none 
of said lands shall l)e opened to enti'y until the Secretary of the Interior shall 
have fii'st made arrangement with tlie owners of lands in i)ris-ate cwnei'ship, 
siniiiai'ly situated to the lands hereby affected, for the payment into the 
reclanialion fund of the i)roportion;ite i^art of said sum of .$288,22."), determined 
and ap])ortioned by the Secretary of the Interior against said privately owned 
lands as provided in section tw(). 

Sec. 4. That, in addition to all p;iyments recpiii-cd by the general homestead 
laws, there shall be i»aid by homestead entrymen the amount per acre as.sessed 
as provided in section two of this act. Said payments shall be made in annual 
Installments of $1 per acre, except the last installment, which may be a frac- 
tion of a dollar: l'r(n-iiJc(1. That the whole or any ii;irt of the amount so as- 
sessed may be ]iaid by the entryman in a shorter jieriod if he so elects. The 
first installment shall be paid at the time Iiomest(>ad appli<"ttion is Hied and 
.subsequent instiiliinents shall be due and i)ayal)]e on December first of each 
cnlendar ye:'.r thereafter until the entire sum .so asses.sed and apportioned 
against the lands is paid, and patent shall not issue for any of said lands 
until the sum so apportioned against said lauds shall have been fully paid, 
F;!ilure to pay any installment when due shall render the entry subject to 
cancellation, with a forfeiture of all moneys paid. All Installments shall draw 
Interest, at the rate of eight per centum i)er amunn, from their due date milil 
paid. All moneys paid on account of such assessments shall, without diminu- 
tion of any kind wli.-itsoever, be covered into tlie reclam;\tion fund. 

Sec. 5. In all cases where actual application to make homestead entry was 
made for any of said lands prior to March first, nineteen hundred and seven- 
teen, such applicants shall have a prefei-ence and prior right to enter and file 
on said lands under the homestead laws and provisions of this act for the 
period of sixty days following the time said lands are opened to entry. 

Sec. G. That no rights to make entry shall attach by reason of settlement or 
squatting upon any of the lands hereby restoi'ed liefore the hour on which such 
lands shall be subject to homestead entry at the land oflice, and until s;iid 
lands are opened for settlement and entry as herein provided no person shall 
enter ui)on and occupy the same, and any person violating this provision shall 
never be permitted to enter any of said lands. 

Sec. 7. That the Secretary of the Interior shall determine whicli of the lands 
now within the boundaries of the Klamath Lake Bird Reserve are chiefly vahi- 
able for agricultural pui'po.ses. and which for the purposes of said reservation, 
and shall open to homestead entry those lands which are chiefly valuable for 
agricultural j)urpos(>s : J'rorided. That the shore line of the lake, including the 
smallest legal subdivision of land adjoining the flow line, shall remain in the 
liossession of the United St;ites, but access may be provided to the lake for such 
canals as may be necessary for irrigation, drainage, and domestic water sui)ply. 

Sec. S. That the Seci-etary of the Interior is hereby authorized to perform 
any and all acts and to make such rules and regulations as may he necessary and 
proper for the puri)ose of carrying the i)rovisions of this act into full force and 
effect. 

The land involved in the ]:> resent legislation f»Tows out of the leofis- 
lation of the States of California and Orea^on rejrardini^ this land, 
wherein it. is ceded to the Government of the United States i 



RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 9 

reclamation purposes and such cession accepted by the United States, 
which legishition above referred to is as follows : 

ClIANdlNi; LkVKLS ok LaKKS !\ CaI.IKOKMA and <)KE(i()N. 

AN ACT Autlioriziiifr the clianging- of the levels of certain lakes and the disposal of 
certain lands under the terms of the national reclamation act. 

Be it enacted hi/ the Senate <ni<l I{oi(><e of Krpresciitatire-s of the J')iite(l States 
of Aiiiiricfi i)t Coniiroi.s (is.seiiihlcd. That tlio Set-ret;ir.v of the Intorior is hereby 
authorized in c'ln'.vin.i; out any irrif;atiou ])roject lliat may he undertaken by 
him under the tei-ms and conditions of the national rechimatiou act and which 
may involve the cliani^iiiii- of the levels of Lower or Little Klamath Lake. Tule 
or Uhett Lake, and (ioose liake. oi* any river or otlier body of water connected 
therewith, in the States of Ore.iron and California, to raise or lower the level 
of said lakes as may be necessary and to dispose of any lands which may come 
into tlie possession of the United States as a result thereof by cession of any 
State or otherwise under the terms and conditions of the national reclama- 
tion act. 

Approved, February 9, 1905. (33 Stat. L., 714.) 

ACT OF CAT.IFOHNIA STATE LEGISLATl'KK. 

AN ACT Authorizing the United States Government to lower the water levels of any or 
all of the following lakes : Lower or Little Klamath Lake, Tule or Rhett Lake, Goose 
Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part 
or all of the beds of said lakes for the storage of water in connection with the "irriga- 
tion and reclamation operations conducted by the Reclamation Service of the United 
States; also ceding to the United States all right, title, Interest, or claim of the 
State of California to any lands uncovered by the lowering of the water levels of any 
or all of said lakes not already disposed of by the State. 

Hie iHOjjte of file State of California, reprefienfed in Senate and .Is.s'c;/;^///. do 

enact as folloivx: 

Sectiox 1. That for the pur])ose of aidin.ii in the operati<ms of irrigation and 
reclamation condu<-ted by the Reclamation Service of tlie United St;ites, estab- 
lished by the act of Congress approved June seventeenth, nineteen hundred and 
two (thirty-second Statutes, pa.ire three hundred and eighty-eisht), Ivnown as 
the reclamation act, the United States is hereby authorized to lower the water 
levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule 
or Khett Lake, Goose Lake, and Clear Lake, situated in Siskiyou an»l Modoo 
Countes. as shown by the map of the United States Geological Survey, and 
to use any part or all of the beds of said lakes for the storage of water in 
connection with, such operations. 

Sec. 2. And there is hereby ceded to the I'nited States all the right, title, 
interest, or claim of this State to any lands uncovered by the lowering of the 
water levels of any or all of said lakes not already disposed of by this State; 
and the lands hereby ceded may be disposed of by the United States free of any 
claim on the part of this State in any manner that may be deemed advisable b.v 
the authorized agencies of the United States in i)ursuance of the provisions of 
said reclamafon act: Provided, That this act shall not be in effect as to lakes 
herein named, which lie partly in the State of Oregon, until a similar cession 
has been made by that State. 

Approved, February 3, 1905. (Cal. Stats., 1905. p. 4.) 

ACT OF OREGON STATE I-EGISLATURE. 

AN ACT To authorize the utilization of lippor Klamath Lake. Lower or Little Klamath 
Lake, and Tule or Rhett Lake, situate in Klamath County. Oregon, and Goose Lake, 
situate in I^aUe County. Oregon, in connection with the irrigation and reclamation op- 
erations of the Reclamation Service of the I'niltxl States, and to cede to the T'nited 
States all the right, title, interest, and claim of the State of Oregon to any and all 
lands recovered by the lowering of the water levels or by the drainage of any or all of 
said lakes. 

Be it enacted, liii the L( (/islalire Asxeintjly of the State of Oregon and be it 
enacted f)ij the people of the State of Oregon: 

Section 1. That for the purpose of aiding in the operations of irrigation and 
reclamation conducted by the Reclamation Service of the T'nited Sltites, estab- 
lished by the act of Congre.ss approved June seventeenth, nineteen hundred and 



10 RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 

two (Tliirty-socond Stututt^s, pajre three Inindred and ei^lit.v-ei;,dit), known as 
the reclaniation act, the United States is Jiereby antliorizcd to lower the water 
level of I'ltper Khuiiath Liike, situate in Klaniatli ('ounty. () region, and to lower 
the water level of or to drain any or all of the followinj; lakes: Lower or Little 
Klamath Lake and the Tule or Khett Lake, situate in Klamath County, On-j^on, 
and (Joose Lake, situate in Lake County, Oregon, and to use any part or all of 
the heds of said lakes for the storage of water iu connection with such 
operations. 

Skc. 2. That there be, and hereby is, ceded to the United States all the right, 
title, interest, or claim of this State to any land uncovered by the lowering of 
the water level or by the drainage of any or all of said lakes not alrea<ly dis- 
posed of by the State; and the lands herol)y ceded may be disposed of by the 
United States, free of any claim on the part of this State in any manner that 
may be deemed advisable by its authorized agencies, in pursuance of the pro- 
visions of said reclamation act. 

Approved, January 20, 1905. (General Laws of Oregon, 1905, p. G3. ) 

The land involvcMl is public land of the United States and is 
snhjec't to disi)()sition as such b}' the Governinent. 

Hon. Will Iv. King, chief counsel of the Keclamation Service, in 
his ()i)inion of date ^larch 21, 1917. so held in his opinion and let- 
ter to Hon. A. P. Davis, Director and Chief P^ngineer, United States 
Reclamation Service, which letter and opinion are as follows : 

March 16. 1917. 
Chief Counsel. 

United States Rechnnation Service, Wd'^liiiKjto)!, D. C. 
Dear Sik: I am unolhcially informed thiit the attorney general of the State 
of California in an opinion relative to the unsegregated swamp and overflowed 
lands around Klamath Lake holds in effect that the only land ceded to the 
United States by the act of the California Legislature of :\larch 8, 1905, con- 
sists of the land lying within the precipitous banks which would be uncovered 
by the lowering of the waters of the lake through works of reclamation by the 
Federal Government, and that the land lying between the precipitous banks 
of the lake and high land was unsegregated swamp and overflowed land and 
belongs to the State of California, notwithstanding the act of the California 
Legislature. 

If tills is true with reference to tlie lands in California. I assume the same 
rule of law would be true respecting like lands acr(»ss the line in Oregon ceded 
by a like act of the Legislature of Oregon to the United States. 

Will you kindly give the Reclamation Commission a written opinion of your 
views on this subject. 
Sincerely, vours, 

A. P. Davis, 
Director niul Chief Emfineer. 



March 21, 1917. 
Hon. A. P. Davis. 

ClminiKni l\cchnii<tii(i)i CoinDtinsion, Wn-sliiiiiffitu, 1). V. 

Dear Mr. Davis: I have before me your letter asking for an opinion as to 
the effect of the acts of California and Oregon Legislatures of 1905 granting 
t(^ the I'nited States certain lands in the States mentioned around Klamath, 
Tule. and other lakes, near the boundary line between the two States. 

The Oi-egon act, which is practically a duiilicate of the California act on 
the same subject, reads: 

" Sk<tion i. That for the jiurpose of ai<ling in the operations of irrigation 
and reclamation conducted by the Reclamation Service of the United States, 
established by the act of Congress approved .Tune 17. 1902 (32 Stat., 388), 
known as the reclam.-vtion act, the United States is hei-eby authorized to lower 
the water level of Upper Klamath Lake, situate in Klamath County, Oreg., and 
to lower the water level of, or to drain any or all of the following lakes: 
Lower or Little Klamath Lake and the Tule or Khett Lake, situate in Klamath 
County. Oreg., and tlie Goose Lake, situated in I>ake County. Oreg., and to 



RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 11 

use any part or all of the beds of said lakes for the storage of water in 
connection with such operations. 

" Sec. 2. Tliat tliere l)e, and liereby is, ceded to the United States all the 
right, title, interest, or claim of this State to any land uncovered by the lower- 
ing of the water levels, or by the drainage of any or all of said lakes not 
already disposed of by the State; and the lands herel)y ceded may be disposed 
of by the ITnited States, free of any claim on tiie i)art of this State in any 
manner that may be deemed advisal)le by its autliorized agencies, in pursuance 
of tl'e provisions of said reclamation iict." 

The history surrounding and leading up to the enactment of these laws 
clearly shows the jiuri)ose for which the laws were enacted, that is to say, 
to e'lable the Kechimation Service, under the act of Congress approved June 
17, 1902. to take wliatever course its engineers, jis apiiroved by the Secretary 
of the Interior, might deem advisal)le looking toward the reclamation by 
irrigation, drainage, or otherwise of the lands in tlu' vicinity of the lakes 
mentioned in the respective acts. It was tlien undetermined whether the 
lakes would be drained and the beds thereof and the un<-overed lands used 
for farming or whether by danuning the lakes their water levels would be 
raised and thus cover more lands. 

It clearly comes within tlie reason and si)irit of these acts to hold that it 
was intended thereby tliat the Reclamation Service might take whatever 
course might be deemed most feasil)le and tliat the States of Caiiforiua and 
Oregon, respectively, intended to cede to the United States all lands to which 
they held title that might l)e necessary for and that nnght aid in the can-ying 
out of the jjurposes of the reclamation act as construed or to be construed 
by the Department of Labor. 

These acts contain no language, either express or implied, or under any rules 
of statutory construction, which, in my judgment, will ]»erniit of a holding t(» 
the effect that the purpose thereof was to limit tlie land thus intended to be 
ceded to that lying within the precipitous banks that might Ite uncovered l)y 
the lowering of the waters of the lake by means of Federal reclamation work. 
The purpose of these acts was to permit the United States to drain the entire 
lake, if it decided to do so, and to convey the title to all lands covered by water 
whether outside or inside such banks, or if the lake should be obstructed by a 
dam to permit the covering up entirely of all lands owned by the State under 
or surrounding such lakes. In section 2 of the act it is stated in express words 
that there is ceded to the United States all right, title, interest, or claim of 
the State " to uny land uiirovorcd by the lowering of the water levels or by the 
drainage of any or all of said lakes not already disposed of by the State." 
This language is .so clear that it is subject to no other interpretation than as I 
have stated. 

The language that " there be, and hereby is. ceded," etc., constitutes what is 
termed by the courts a gnint in pnrxrnti — that is to say, the title passed immedi- 
ately upon the approval of said acts, leaving the question as to wh;it lands were 
thus granted to be determined by ascertaining what lands belonging to the 
State would be covered or uncovered, as the case might be. or a (piestion of fact 
only. The test of the ownership of the lands belonging to the State at the 
time of the enactment of these laws, and thereby the test of what rights were 
granted to the LTnited States would be to det(M-mine the spec-itic liinds which in 
ordinary high water would be inundated. 

l\Iy view of tlie law is that absolute title to these lands is in the United States 
and "that the title does not depend on whether the United States should either 
build or conii)lete a project which it had in vi(>w oi- was considering at the 
time these laws were enacted. 

There was no "condition precedent" to the elfect that the hikes nmst either 
be drained or used as a reservoir l)efore the title would i»a.ss. 
Sincerelv, yours, 

Wii.i. K. KiNfi. Cliirf Connscl. 

There are approximately r)4,()0() acres involveil in the irriixation 
and reclamation of this project. Of this, 27,000 are in California 
and 27.000 are in Ore^ron. The 27.000 acres in California are all 
public lands by virtue of the above legislation. Of the 27.000 acres 
in Oregon, about 7,000 are public lands for the same reason and 



12 HESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 

20,000 aci-es privately owned. The privately owned lands referred 
to in section li of the act and known as the "marsh lands'" are all 
situated in Oregon, and have been disposed of by the Keclanialion 
Service in regard to irrigation and drainage, and payment of the 
amount in their proper proportion due the (lovernment of the 
$288,2'2r). with the marsh-land claimant under contract, carrying out 
fully the provisions of section 3 of the act. of date the 30th day of 
November, 1917, which contract is as follows: 

Tlii.s afireeineiit. nuide and entered into this oOtli day of XovenilHT. lUlT. in 
pursuance of the act of Congress of .June 17. 1002 (82 Stat., HS8), and acts 
amendatory thereof and suiiplenientary thereto, between the United States of 
America, hereinafter styU^d the United States, actins: in tliis belialf Ijy J. B. 
Bond. i)ro.1ect manager, U. S. Heclaniation Service, thereunto duly authorized 
.and tlie Klanititli Drainage District, a puljlic c(»rporation duly organized and 
existing inider (he laws of the State of Oregon, with its i)rincipal place of 
business at Klamath Falls, Oregon, liereinafter styled the district, 

Witni'sseth. that — 

Wliereas the district proi)oses (o reclaim by a i)rocess of drainage, evapora- 
tion, and irrigadon all of the lands within said district, consisting of approxi- 
mately 27.(KK) acres and being part of the marsh or swamp lands lying within 
or adjacent to what is generally known as Lower Klamath Lake, in Klamath 
County. Oregon, and Siskiyou County, California, east of the right of way of 
the California Northeastern Railway as it crosses said mar.sh or swamp lands, 
including a total area of a])jiroximately 54,0U0 acres; and 

Whereas said Lower Khimath Lake is at certain seasons of the year fed 
with water from the Klamath River through a certain waterway or channel 
known and herein designated at Klamath Strait, which passes under said rail- 
road and through its embankment by means of an opening or culvert which 
said opening or culvert has been so constructed as to permit the placing of 
gates therein for the i)urpose of controlling the (low of water through the same; 
and 

Whereas tlie method of reclamation proposed by said district contemplates 
the closing of the gates in said Klamath Strait so as to exclude or control the 
further flow of watei- from the Klamath River into said Lower Klamatli Lake 
and thereby to facilitate the reclamation of the lands mentioned; and 

Whereas there are certain owners of marsh or swanij) lands within or bor- 
dering on said Lower Klamath Lake who claim or may claim to have certain 
rights in or to the waters of said lake either as riparian owners or as appro- 
priators of water therefrom, and particularly the Van Brinnner Ditch Company, 
which has, or claims to have, a vested water right in said lake of f.fty (.")()) 
second feet, whicli is now, and for many years has been, according to said 
company's claim, used for the irrigation of lands under its irrigation system, 
which rights may be affected by the lowering of the water level of said lake 
by the closing of the gates in said Klamath Strait, and all of which possible 
I'ights or claims nmst be taken into consideration in coiniection with th(> ]»ro- 
posal to clo.se the gates aforesaid ; and 

Whereas it is economically practicable to supply the said Van Brinnner Ditcli 
Company the quantity of water necessary for the proper irrigation of the lands 
under and irrigable through its system from the (lovermnent's irrigation system 
known as tiie Klamath iiroject in lieu of the sniiiily heretofore had and used 
by said company from Lower Klamath Lake by adopting the distribution system 
of the Klamath project to such a plan ; and 

\\her(':is (he Uniied States has heretofore expended sums of money, aggre- 
gating $2.53,225, in making investigations as to the practicability aTid desira- 
bility <if reclaiming said marsh or swamp lands and in the building of irriga- 
tion woi-ks for the storage, diversion, develoitment, and drainage of waters lying, 
being, and flowing in and about said Klamath project looking toward such 
reclamation and to the closing of Klamath Strait in connection therewith, and 
the United States has not been reimbursed for said expenditures or any part 
thereof ; and 

Whereas the district, in furtherance of its purpose to accomplish the reclama- 
tion of its lands, as aforesaid, desires the United States to close or operate the 



RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 13 

gates in said Klamath Strait so as to prevent or rofculate the further thi\v of 
the waters of tlie Klamath liiver on to said lands or into Lower Klamatli Lake: 
Now. therefore, in consideration of tlie premises and of the promises and 
covenants herein contained to be kept and performed, it is mutually covenanteil 
and agreed between the parties hereto as follows: 

1. The district agrees to deliver to the United States, sinndtaneously with the 
execution of this contract, duly executed waivers, in form satisfactory to the 
United States, from all riparian owners of hinds in Oregon bordering on said 
Lower Klamath Lake, waiving claim or claims for any and all damages result- 
ing or that may result, or be claimed to have resulted, to said lands, or to their 
owners, theii' heirs oi- assigns, by reason of said gates in Klamath Strait being 
closed. Waivers sinn'lar in purpose and form shall also be secured by the district 
from the said Van Brimmer Ditch ('omiiany and delivered to the United States 
as hereinabove provided, together with a similar waiver executed by and on 
behalf of the district, all of which said waivers shall bi> reconled l>y and at the 
expense of the district within the C(niiUy in which the respective lands lie. 

2. It is undei-stood and agreed that should the reclamation of said district 
lands in the manner herein contemplated prove imiii-acticable m- be not accom- 
plished in reasonaI>le compliance with the provisions hereof or interfere with 
the proper reclamation or use of public lands and it should be deemed by the 
United States necessary or desirable for the purpr>se of reclaiming or best 
utilizing the public lauds with'n said marsh or swann>land area, as contem- 
plated by the Oregon act of Januai-y 20, 1905 (General Laws of Oregon, 1905, 
p. 03), and the California act of February ,3, 1905 (Ualifornia Statutes. 1905, 
p. 4), to flood or overflow the same and to that end to oi)en or regulate the gates 
in said Klamath Strait, the district will release, and hereby does release, and 
waive any and all claims for damages aga'nst the United States resulting, or 
that may be claimed to have resulted, to district lands by reason of their being 
returned on account of the opening of said gates to their normal condition as of 
the date hereof, or otherwise, it being the intention that the District shall 
protect and save harmless the United St:ites against claims of any kind whch 
may arise from owners of or claimants to district lands on accoinit of the 
execution of this agreement. 

.3. The District covenants. i)romises. and agrees to i)ay to the United States, 
through tlie projier oflicer thereof duly d(>signated to receive su<*h payment, 
simultaneously with the execution of this contract, the sum of twenty-three 
thousand Ave hundred dollars (.$23,500.00) in cash, to cover the cost incurred 
or that may be incurred by the United States in adapting the d'stribution sys- 
tem of the Klamath pi'oject for the d(>livery of a water supply of lifty (50) 
second-feet each sea.son to the Van Bi-innner Ditch Company in lieu of its 
present water right in that quantity in Lower Klamath Lake. 

4. It is nn<lerstood and agreed that the flfty (50) second-feet of water to be 
furnished the Van BrinnncM' Ditch Comi)any from the Klamath project, as 
hereinabove provided for. shall l)e ilelivei-ed by the T'nit(Ml States to the Van 
Brimmer Ditch Company at the po'nt where tlie canal known as the " South 
Branch Canal" of the Klamath project intersects the canal known as the 
"North Lateral" of the system of (he Van Brinnner Ditch Comi)any, said 
point of intersectiim being near the northwest corner of the NE. i of sec. 5. 
T. 41 S.. R. 10 E.. W. M., and that the United Stales will construct and install 
one turnout on each side of said " South Branch Canal " at said point of inter- 
section for delivery of water to said company, said turnouts to be and remain 
the property of the Unted States, its successors and assign.s. ;ind subject to 
operation and conti'ol exclusively by them. 

5. It is further understood and agreed that for the i)urposes of this agree- 
ment the irrig.'ition season during which water shall be furnished to the Van 
Brimmer Ditch Company as liere'n provided for shall be considered as extend- 
ing from iMay first to October tifteenth, inclusive, of each year: Proridcd. That 
at the option of the United States water may be delivered to said company as 
earl.v as April fifteenth in any yetir upon wrtten request to the United States 
by the duly authorized representative of the country. 

6. The district covenants, promises, and agrees to assume and i»ay. and to 
that end hei-eby binds itself, its lands, and i)roi)erty of every character, that 
]iropoi-ti(in of the total expenditures luM-etofore m.-ide or to be niade by (»r on 
itehnlf of the United Stales in connection with the jiroiiosed reclamation of Lower 
Klamarh Lake marsh or swamji lands, including the $2.3,500 named in p.ir.i- 
graph 3 hereof and an additional sum of $30,000 (being an agreed capitaliza- 



14 RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 

fiou of flio iiiiiiujil ch.'irfces lor tlic (ti)eniti()n aiul niaiiiteiiaiK'e of the canals 
aiKl structures necessary lor the (Unlivery of the al)ove-inentione(l fifty (50) 
s(>coii(1-feet of water to tlie Van lirinmier Ditch (.'oniii;uiy ). herein atcreed to 
be $283,22."), that the total acreage of private or patented land included in said 
tlistrict, estimate*! at 2(».(IUU iicres, hears to tlie total acreas^e of said marsh or 
swamp lands within or marjifinal to Lower Klamath L-'ke, estimated at r)4 000 
.acres, l)einj,' 20/04 of $28:^,225, or tlie sinn of $104,898.15, whit-h said sum shall 
he i)aid to the United St:ates, its successors or assigns, as follows: $23 5()ii.00 
(»n tlie execution of this contr;ict: $2,777.78 on r)(H'enil)er 1. 1018 ; $2,777.78 on 
Decemher 1, 1919; $2,777.78 on Decemlu'r 1, 1920; $2,777.78 on December 1, 
1921; $4.(i;iO.O;; on I)e((>ml)er 1. 1920; $(>.5(i5.10 on Decemher 1, 1927; $0 51)5.10 
on Decemher 1. 1928; $0,505.10 on Decemher 1, 1929; .$0,505.10 on December 
1, 1930; .$0,505.10 <.n December 1. 1931 ; $0..505.10 on December 1. 19.32; .$6..5G5 10 
on December 1. 1933; .$6,50.5.10 on December 1, 1934; $6,.565.10 on December 1, 
1935; .$0,.5()5.10 on December 1. 19.30. The district also a.£;rees to jiay interest 
at the rate of eight iier cent (8 jier cent) per ;innum from the due date until 
paid on any and all i)ayments accruing under the terms hereof and not p:iid 
when due. If it is ultimately determined that the tot.-il area of private or 
l»atent<'d lands within the district exceeds 20.000 acres, as estimated at tiie 
tlate hereof, then the district agrees to pay upon such excess area at the s.ime 
rate per acre as is hereby tixtnl for said 20.000 acres, such payment to be made 
with, the final annual inst;illnient hereunder. 

7. The United States covenants and agrees thnt upon the delivery to it by 
tlie ilistrict of the waivers again.st claims for damages as hereinabove provided 
.•ind the payment by the district of the sum of twenty-tliree thousand live hun- 
dred dollars (.$23,500). and ujion the executi<m and approv.-il of this contract 
the United States will cause the gates in said Klamath Str;iit to be closed and 
to be kept closed, except .-is herein otherwise ijroviilcd, during the continuance 
of this contract, barring acts of God and unavoidable accidi'iits l)eyond the 
control of the United States; provided that the material and labor neces- 
sjiry for the closing thereof shall be provided by and at the expense of said 
di.strict, tb(^ same to be installed under the direction of the project manager; 
provided furtlier. that the United States shall have and retain the right to 
open said gates at the times and in tlie manner prescribed and contemplated 
by ii!tragr;i])h 2 hereof free from claim or claims for damages by reason thereof; 
provided further, that should it at any time become advisable or necessary 
in tli(> judgment of the district to convey water through said gates in connec- 
tion, with the reclamation of its lands the control of said gates shall in sucli 
case be under i-egulations jirescribed by the United States. 

8. It is further und(>rstood and .agreed that the absolute and complete con- 
trol of said gates in Klamath Strait shall be and renuiin in the United States 
until full and conii)lete payment to the Ignited States has been made of the 
said sum of .$283,225. with any accrued interest, whereupon control thereof 
may be surrendered by the Ignited States upon such terms and conditions as 
may be mutually agreed ujion by the United States and the occupants ;ind 
owners of ;i majority of said .54,000 acres as herein designated. 

9. It is further undi'rstood and agreed that the United States shall not lie 
ol)ligated to construct any portion of the system required f(u- the irrigatinn or 
drainage of said, or any, marsh or swamp lands, nor to o])erate or maintain 
such works, nor to expend any further smns toward the reclamation of said 
mnrsh or swamp lands, nor does the L'nited States a.ssuine any responsibility 
for the success of their reclamation. 

10. This contract shall be binding on the parties hereto only upon the 
api)roval hereof by the Dii-ector of the T'nited States Keclamation Service. 

11. No int<M-est in this agreement shall be transferred by the district to any 
other party without the written consent of the United States, and any such 
tr.'insfer shall cause annulment of the contract, so far as the United States is 
concerned ; all rights of action, however, for breach of this contract are reserved 
to the ITnited States, .as provided by section 3737, Revised Statutes of the 
United States. 

12. No ^Member of or Delegate to Congress, or Resident Commi.ssioner. after 
his election or appointment, or either before or after he has qualified and 
durin.g his continuance in oflice, and no officer, a.sent, or employee of the 
(lovernment. shall be adniitt(>d to any sliare or purt of this contract or agree- 
ment, or to any benefit to arise thereupon. Nothing, however, herein contained 
shall be construed to extend to any incorporated company, where such contr;>ct 
or agreement is made for the general benefit of such incorporation or company, 



EESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 15 

as providod in section IIG of tlie .act of Congress approved iMarcIi 4, 1909. (35 
Stat. L., 1109). 

L3. In witness wliereof tliis instrument has been oxecutod on l>elialf of the 
Kl-iuiath drainage district hy its duly elected. (inalKied, and actin.L; i»resident 
and secretary, respectively, theriMinto duly autliorized hy resolution of its 
board of supervisors dated November l.'itli. 1917, a certified copy of winch is 
hereto attached, and on belialf of the Ignited Stales of America by its duly 
authorized olticer tlie day and year first above written. 

Signed, .sealed, and delivered in the 
presence of us as witnesses : 

E. V. HiLi.ius. Unitkij States ok Aiiekica, 

C. C. HOGUE. By J. K. Bond. 

[seal.] Klamath Duatnage District, 

E. Y. HiLLIUS. By M. IMOTSCHENnACHER. 

Presidnit. 
C. C. HoGUE. By A. A. Mehaffey, Sccrctdri/. 

Approved, December 19, 1917. 

Morris Bien, 
Acting Director, V. S. R. S. 
State of Oregon, 

Covnty of lOnmath, ss: 

This certifies that on this 30th day of November. 1917. before nie. the under- 
signed. C. C. Hotrue. a notary pulilic in and for said comity and State, per- 
sonally appeared the within named INI. Notschenbacher and A. A. INIehaffey, 
president and secretary, respectively, of the within named Klamath Drainage 
District, a corporation, and they being known to me to be such officers and the 
identical persons described in and who executed the within instrument for 
and on behalf of the said corporation, and said corporation being known to me 
to be the identical corporation for and on whose behalf the said instrument 
was executed, and said I\I. Jlotschenbacher and A. A. Mehaffey did then and 
there acknowledge to me that they did as sucli oflicers as in this certificate de- 
scribed execute the said instrument as and for the act and deed of said cor- 
poration in whose name and behalf they executed said instrument, and affixed 
thereto the corporate seal of said corporation, under authorit.v in them vested 
by the board of supervisors of said corporation. 

Witness my hand and notarial seal the day and year last aforesaid. 

[seal.] C. C. Hogue, 

Notary Public for Orcyon. 

My commission expires Aja-il 22, 1921. 



OATH OF disinterestedness. 
[Sec. 374,5. TJ. S. Rev. Stat.l 

I do solemnly swear that the copy of contract hereunto annexed is an exact 
copy of contract made by me personally with Klamath Drainage District, that I 
made the same fairly, without any benefit or advantage to myself, or allowing 
any such benefit or advantage corruptly to the said Klamath Drainage District, 
or any other person ; and (h:tt the pajiers accompanying include all those rel,"ting 
to the said contract, as required by the statute in such case made and provided. 

,T. B. Bond, 
Project Manaocr, U. S. Reclamation Service. 

Sworn to and sub.scribed before me, at Klamath Falls, Oreg., this 30th day of 
November, 1917. 

C. C. HOGCE, 

Notary Public for Orcffou. 
My connnission expires April 22, 1921. 



Klamath Falls, Oreg., Xorenihcr S'l, l!U7. 
State of Oregon, 

County of Klamatli, s.t: 
I, A. A. Mehaffey, of the board of supervisors of tlie Klamath Drainage Dis- 
trict, Klamath County, Oreg., do hereby certify that the following is a true 



16 HKSTORATION AND RESERVATIOX OF CERTAIX PUBLIC LANDS. 

copy of a ivsoliilion adoptctl by the tio:ii-<l <>i' su[K'rvis(ii-s of \ho Klainatli Di-aiii- 
.nge District, and is of record in the mimitps of a moctiiiL' of said hoard of 
supervisors held at the oflice of said Klamath Drainage District in the city of 
Kltiniath Falls, Orejr., on the lOtli day of Noveniher. 1917: 

" lie if rcfiolrcd l)y the hoard of supervisors of the Klamath Drainage District 
of Klamath County. Oreg.. that tlie president and secretary of the 1)oard of 
supervisois of the Klamath Drainage District he, and they are hereby, author- 
ized and directed to execute a waiver waiving ail claims for damages against 
the United States of America, its successors and assigns, that may have l)een 
or may lu'reafter be caused to the Klamath Drainage I>istrict, either directly 
or indirectly, by the closing, or subsequent opening, of the flood gates in 
Klamath Strait as it passes through Hie railroad embankment forming the 
dike across Lower Klamath Lake m.-irshlands. in township 4(t soutii. range 8 
east, Willamette meridian, Oregon." 

[seat,.] a. a. Mkii.mfky, 

SccrcUny of the Botird of Sujwr visors 

of the Kiiimath Drainage District. 



Ki.AMATii Falls, Okeg., Xorcinhcr AO. 1H17. 
State ok Okegox, 

County of Kianiath, ss: 
I, A. A, Mehaffey, .secretary of the board of supervisors of the Klamath 
Drainage District. Klamath County, Oreg.. do hereby certify tluit the following 
is a true copy of a resolution adopted l)y tlie board of supervisors of said 
Klauiatli Drainage District, and that it is of record in the minutes of a meeting 
of said board of supervisors hehl at tlie office of said Klamath Drainage District 
in the city of Klamath Falls, Oreg., on the 13tli day of November, 1007: 

" Whereas the owners of the lands within the boundaries of the Klamath 
Drainage District, of Klamath County, Oreg., at an election held on the 
31st day of October. 1017, unanimously ajiproved and atithorized the crea- 
tion of an indebtedness amounting to the sum of .$ll."),"W7.0f) for the purpose 
of carrying out the ' ]ilan of reclamation' heretofore a<loi)t(Hl by the board 
of supervisors and approved by the county court of Klamath County, 
Oreg., and 
" Whereas the .' plan of reclamation ' provides in part for ' damming the flow 
from Klamath River into the strait,' now, therefore, be it 
" Resolrcd, That the board of .supervisors of the Klamath Drai'.iage District 
do hereby authorize and instruct the president and secretary of said board to 
execute a contract with the United States of America for ' damming the flow 
from Klamath River into the strait ' by closing the openings in the head-gate 
structure in the California-Northeastern (now Southern I'acific) I?ailroad em- 
bankment where it crosses the said strait at Ady, Oreg. A draft of said con- 
tract was stibmitted by the IT,)if,>^| States and adopted by said board of super- 
visors and made a part of the minutes of a mct^ing held by said board on the 
25th day of July, 1917." 

[seal.] A. A. ^Fehafeey, 

Sicrctiirji of the Board of Stiprrrisors 

of the Klainatli Drainage District. 



KLAitATii Falls, Okeg., Xorcinhcr 30, .1917. 
State of Oregon, 

Count!/ of Klamath, ss: 

I, A. A. Mehaffey, secretary of the board of supervisors of the Kl.imath 
drainage district, do hereby certify that the following is a true copy of the 
action of the board of supervisors of the Klamath draitiag(> district relative 
to the levy of a tax to cover the amount named in a contract bi'tween the said 
district and the United States of America, said levy being in .-iccordance with 
the provisions of chajiter ISO, Oeneral Laws of Oregon, 1917, all of which ap- 
pears in the minutes of a meeting of said l)oard of supervisors held on the 20th 
day of September, 1917. 

" The matter of the levying of sufficient tax of the necessary portion of bene- 
fits on all the lands in the district to which benefits have been assessed, iii.w 
coming before the board, and it ai>iiearing to this board that (he sum of $101,- 



KESTOHATIOX AND HKSKUVATIOX OF CERTAIN PUBLIC LANDS. 17 

SDS.L") will lu" required as payment to tlie <i(ivei-iiiiieiit of the United States of 
America for the elosiiij,' of the jiates wuU'v tlie i-ailroad emI)ankni:Mit leading 
Hilo Klamatii Straits, and that an additional amount for emergencies under 
tlje provisions of section 17 of cliajder 'AM) of the General lyaws of Oregon for 
1915. the aggregate of which amounts to approximately $lir»,387.90, the fol- 
lowing resolution was adopted. 

" y^' it rrxalrcil h.v the hoard of supervisors of the Klamalh draina.ge district, 
of Kl.-imath Count.v, Oreg., that a tax of .*.">.7T jier acre he and the same is herehy 
assessed against the lands within the houndaries of the Klamath drainage dia- 
trlct to which l)enefits have heen assessed undi-r the decree of the c(tunty court 
of the State of Oregon, for Klamath Oounty. modifying and amending the re- 
port of the commissioners heretofore a|ipoiuted to assess such hem^fits, the said 
levy heing necessary to |iay the costs of the comiiletion of the proposed works 
.ind improvemeids ;is shown in said 'plan of reclamation' heretofore adopted 
and apitrov<'d hy the county court of the State of Oregon for-Klamuth County, 
ami in carrying^out the oh.iects of said <listrict. The foi'egoing tax to he appor- 
tioned to and levied up»ui each tract of land in said district in pr(»])ortion to 
the henetits assessed, and the Secretary of the hoard he and he is herei)y di- 
rected t() at once prepare a list of all taxes levied and enter same in a book 
which shall he indorsed and named a 'drainage tax record of Klamath drainage 
district.' said hook to he pi-operly signed and c;'rtitied to ;ind the seal of the 
district to he attached to same in accordance with the ju-ovisions of section 17, 
chapter 340. of the (leneral Laws of Oregon for 1915." 

fSKAT..] A. A. Mk'hafkky, 

Secret (till (ij the B'xinl of .S'»/x'rrf.so/-.s' of the 
Khtmoth DniiiKKje Difitriet. KJuiiuith Conntii. Oreo. 



ls.i.AM\ri[ Fails, « Hua;.. Noremher Sit, 1911. 

Si ATIC OK ( >l!KliO.N. 

Count IJ of Khninith. .vs.- 

I, A. A. Mehaffey. secretary of the hoard of supervisors of the Klamath 
drainage district, of Klamath County, Oreg., do herehy certify that the follow- 
in.g is a true coi)y of a motion duly adopted hy the hoard of supervisors of the 
Klamath drainage district, and is of recoi-<l in the minutes of a meeting of said 
hoard of sui)ervisors. held at the oHict* of said Klamath drainage district, in tiie 
city of Klamath Falls, Oreg., on the 25th day of July, 1017. Also, the action 
of the said hoard relative to the plan of reclamation adopted, said action being 
taken at the meeting aforesaid. "After consideration of the methods of reclama- 
tion recommended in the engineers' report, the hoard hy motion regularly made, 
seconded .and mianiniously carried, adopted reconnnend.ition No. 2, to wit, by 
dannning the How from Klamath Kiver into the strait and allowing the w.iler 
in the lake to evaporate." 

•'On motion duly made, seconded and carried, the hoard accepted an agree- 
ment presented l)y the Fnited Stat<'s in which, for a consideration of $104,898.15. 
to he paid hy the Klamath drainage district, the United States agrees to d.am 
the How of water from the Klamath Iliver into the Klamath Strait as recom- 
mended in the district engineers' report. The said agreement is hereto attached 
and made a part of these minutes." 

fSKAI.l .v. A. MKHAtl'KV, 

Secretin II o/ tlie ISoanl of Sii/ierrisors of the 

KUnnath Draiini(/e District. 

'r\\\> contiact was iiiatle aiul entered iiiio in I'ontoniphition of this 
act becoinino- u law, sc as to dispose of the entire 54,000 acres in- 
volved in the project. 

The pnhlie-owned lands are to be disposed of under tlie jirovisions 
of the hill, and the Government will he fnlly repaid for all the 
money ex|)ended, namely, it^ils:5.-22.''). The land will be open ro liomc- 
stead settk^ment — reserved for actual and bona fide se( tiers — under 
the j)ro\ isions of the bill. The land is also covered by bird re-crve 
inider Executive order of date Aiifjust 8, 1908. as amended under 
H. Hept. 430. 05-2 2 



18 RESTORATION AND RESERVATION OF CERTAIN PUBLIC LANDS. 

second Executive order of date May 1."), li)15. The bird reserve is 
provided for and fidl}' protected under the i)r()visions of the bill. 

After a full investigation b}' the dejjartnients (which is coneuri'ed 
in by your committee) , it is determined rhat the amount of land 
involved in this bill — 84,000 acres of pub!i>' lands tit for homestead- 
ing by qualified homesteaders for agricultural purpose and use — can 
be used by actual bona fide homestead settlers and at the same time 
fully and amply protect the bird reserve by retaining sullicient tracts 
of land around' the borders of the lake and the water in the lake at a 
sufficient height so as to give ample and s-inicient breeding grounds 
for birds and at the same time to get the highest use of such of the 
hinds which may be susceptible of houu'steading. and therefore 
agriculture. 

The object and purpose of the bill is such that the bird reserve will 
be preserved and the breeding ground for native birds protected, aiul 
the 84,000 acres of land susceptible of agriculture will be reserveil 
and made subject for immediate use and for the benefit of actual 
and bona fide settlers. An early and favorable disposition by Con- 
gress of this legislation will authorize the Secretary of the Interior 
to act, and permit most if not all of the land to be used this year 
by homesteaders. 

The committee, after hearing the presentation of the nu\tter, also 
had before it Hon. Arthur P. Davis, Director and Chief Engineer of 
the United States Reclamation Service, an<l chief counsel of said 
service, Hon. Will K. King. 

The departments all made favorable report upon the l»ill as 
reported. 

Your committee therefore unanimously reccnunends that the bill 
do pass. 

o 



Syracuse. N '• 

m. m. 21. i9o« 




LIBRARY OF CONGRESS T*?-^ 



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